Enforcement: County Court Bailiffs-v-High Court Enforcement Officers

Who can best enforce your judgment?

 

If you have a debt of between £600 and £5,000 (including court costs), you will seek a county court judgment (CCJ) in the County Court. Once you have this, you then have a choice for enforcement between either the County Court Bailiff or the High Court Enforcement Officer (HCEO).

 

Debts below £600 can only be enforced by County Court Bailiffs. Judgments for debts of £5,000 and over can only be enforced by an HCEO.

 

In April 2004, the law was changed to allow debts between £600 and £5,000 to be transferred up to the High Court for enforcement. This change has given creditors a great deal more choice with so far as enforcement goes.

 

High Court Enforcement Offices (HCEO’s)

HCEO’s are authorised by the Lord Chancellor and work privately or in private companies.

 

HCEO’s work under the authority of a Writ of Fieri Facias (Fi Fa). This is issued when a County Court Judgment, Order or Tribunal Award is transferred to the High Court for enforcement via Form N293A and a court fee of £50.00. The transfer process normally takes between 5 and 21 days.

 

If successful, the HCEO will collect your judgment debt, your court costs, your £50 transfer up fee, interest at 8% and their fees, costs and charges from the defendant.

 

Benefits of Using an HCEO

 

·   HCEO's earn their fees from the judgment debtor, but only when they collect. If the HCEO is unable to collect, there is an industry regulated abortive fee of £60 plus VAT paid by the creditor for each address visited. Other than the abortive fee, the HCEO receives no income for an unsuccessful enforcement.

 

·   HCEO’s tend to have significantly higher collection rates than those of the County Court Bailiffs, who are salaried without any financial incentive to collect.

 

Unlike the County Court Bailiff, the HCEO does not have to give the judgment debtor any advance notice of their intention to collect, giving them the advantage of surprise. HCEO’s are also permitted to force entry into commercial premises to enforce, a power not permitted to County Court Bailiffs.

  

County Court Bailiffs

CCBs are salaried civil servants employed directly by the court service. They can enforce on judgments up to £5000. They work under the authority if a Warrant of Execution which can be requested from the County Court for a fee of £100.

 

Before they attempt to collect, the County Court Bailiff must write to the defendant advising them of their visit.

 

County Court Bailiffs will collect your judgement debt, your court costs, your warrant cost and interest (if prescribed) from the defendant. If unsuccessful, there is no abortive fee.

 

In summary

·   HCEO’s normally have far higher collection rates due to the financial incentive of fees only being paid on success

 

·   Only HCEO’s have the element of surprise, as they do not need to give a letter warning of an intended visit

 

·   Only HCEO’s can force entry to commercial premises and buildings detached from residential living quarters

 

·   Only County Court Bailiffs can enforce on judgments below £600 (at present)

 

·   The process of gaining a Warrant of Execution (CCB) is normally a little faster than that of transferring up and gaining a Writ of Execution /Fi Fa (HCEO)

 

·   A Warrant of Execution (CCB) costs £100

 

·   A Writ of Execution/Fi Fa (HCEO) costs £50

 

·   There is a £60 plus VAT abortive fee if enforcement is unsuccessful (HCEO)

The judgment debt, interest, court fees and enforcement costs are collected from the debtor through either route.

Credit Control Solutions can issue County Court proceedings on your behalf, visit our debt recovery pages on our website for further information.

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